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Last weekend I had to call into work sick because my family…

Last weekend I had...

Last weekend I had to call into work sick because my family had influenza A and I was sympotmatic. My doctor didnt perform any labs but still dignosed me based on my daughter positive lab results. I work for a long term care facility and when I told my director of nursing and my head nurse I have influnza A they told me I needed to provide my lab results from my doctor stating that I do have influenza a.

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

Yes. I spoke to cooperate/ HR about this and she said thats its a policy. When I asked for the policy she then said. I dont have the policy its a state regulation or policy. Going foreward I can not gind anywhere that states I need to provide my lab results to my employer. I am in belief this is a HIPPA law

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

I do not beling to the union. And what does "at will" mean exactly?

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Answered in 2 hours by:
3/27/2018
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,382
Experience: Significant experience in all areas of employment law.
Verified

Hello and welcome to Just Answer. My name is ***** ***** it will be my pleasure to answer your question.

There is no legal requirement that an employee provide lab results. However, an employer would be entitled to a doctor's note certifying that you were unable to work due to illness. If you were terminated specifically due to your refusal to provide specific lab results, that would generally give rise to a legal claim for violation of the Americans With Disabilities Act, which prohibits employers from requiring the disclosure of such information.

Typically the best thing to do would be to provide your employer a doctor's note certifying that you were ill along with an explanation that the ADA prohibits them from requesting specific medical information. This way there is documentation in the event they take adverse employment action against you.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

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Customer reply replied 3 months ago
Thank you this is what I thought. I did give them a doctors note stating I was seen and couldnt work due to illness and they are still pestering me. I will have my doctor write another note stating what you recommended. Thank you so much for the assistance.

You are very welcome, I'm glad I could help. Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service (using the stars at the top of the page) so that I may receive credit for assisting you.

Very best wishes.

Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,382
Experience: Significant experience in all areas of employment law.
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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